By Joanna Colosimo
This is Part 2 of the “Is EEO Cool Again?” blog series. Catch up by reading Part I: EEO Compliance Isn't DEI.
Over the past decade, many experts have emphasized the importance of breaking down silos between equal employment opportunity (EEO) compliance and diversity teams to ensure organizational synergy on these issues.
These were noble efforts and strategies suitable for a different era. However, as U.S.-based employers witness the increasing scrutiny of DEI initiatives, this might be a time to consider decoupling strictly compliance-focused and legally sound EEO programs—such as EEO workforce analyses, reasonable accommodation processes to comply with the Americans with Disabilities Act (ADA), EEO-1 filings, Section 503 of the Rehabilitation Act, and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)—from other efforts. Given the current environment, organizations should carefully rethink their strategies without overreacting.
In the context of recent executive orders, EEOC’s technical guidance, and public sentiment, DEI initiatives can sometimes be perceived as preferential treatment or even discriminatory, despite good intentions. Decoupling EEO from DEI can help ensure that employment decisions and programs have a proper "checks and balances" mechanism in place, and that these decisions are rooted in anti-discrimination laws and merit, rather than protected characteristics. By separating EEO from diversity and inclusion efforts, employers can focus on the unique strengths of each department: EEO offices can emphasize compliance, anti-discrimination, and merit-based employment outcomes, providing oversight for organizational initiatives, while diversity-related offices can champion respect, inclusion, and the value of all employees.
How to Decouple Efforts
Evaluate All Efforts, Conduct a Risk Assessment
It is important to regularly review DEI, EEO and HR policies to ensure that they comply with state, local and federal laws. In particular, your organization should assess any DEI-related policies, programs or efforts to ensure alignment with current EEO and anti-discrimination laws and to mitigate risks related to plaintiff or government actions. This includes ensuring policies comply with Title VII of the Civil Rights Act and do not use quotas, preferential treatment or exclusionary practices.
Focus on Data-Driven Approaches
Review workforce analytics to ensure compliance with anti-discrimination laws. Analyses should focus on identifying potential barriers in hiring, promotion, termination or pay within specific jobs or departments. Examples include representation comparisons, selection disparities or statistically significant values between protected groups in pay outcomes. These analyses are usually managed by the EEO, HR, Compensation or Compliance departments in collaboration with experts and attorneys.
Internal Communication
When an organization reorganizes departments, it needs strategic communication and change management to ensure role clarity, accountability, and efficient cross-functional workflows. A solid plan should create a functional structure and process while giving EEO and diversity experts the tools to produce high-value work.
Reskilling the Workforce
After restructuring, it's crucial that employees have necessary skills for success. Diversity professionals need technical skills like financial literacy and impact reporting, plus global and cross-cultural competence. EEO professionals require knowledge of legal requirements, analytical frameworks, and compliance tactics.
Looking Forward
As organizations navigate the evolving landscape of EEO and DEI programs, it is crucial to consider the benefits of decoupling these initiatives. By separating legal compliance efforts from broader voluntary DEI strategies, employers can ensure that employment decisions are based on merit and anti-discrimination laws, while still fostering an inclusive and respectful workplace. This approach allows EEO offices to concentrate on compliance and anti-discrimination measures, providing a necessary check on organizational initiatives, while DEI offices can focus on promoting the value and inclusion of all employees. As we move forward, thoughtful evaluation and restructuring of these programs will be essential in creating a balanced and effective approach to workplace equity and inclusion.
DCI will continue to provide insight on how employers can stay ahead of the curve as the industry landscape evolves.